Shishman v Patel

Landlord wins · Niagara Falls · 2025-06-02

Adjudicator

Mark Melchers

Dispute

Harassment, Illegal Entry, Interference With Vital Services, Substantial Interference, Tenant Rights

Landlord

J.P.

Tenant

A.S.

Landlord rep

Dan Blackburn, Sabrina Sciulli

Tenant rep

Alisa Chaly

What happened

The Tenant filed an application against the Landlord alleging various breaches of the RTA, including illegal entry, changing locks, harassment, and interference. The Landlord, who became the mortgagee in possession, raised a preliminary issue that the RTA does not apply because the Tenant was sharing a kitchen and/or bathroom with the previous owner, who was living in the building. The Board had to determine if the tenancy was exempt under section 5(i) of the Act.

The ruling

The Tenant's application is dismissed. The Adjudicator determined that the Landlord and Tenant Board does not have jurisdiction over this matter because the tenancy is exempt from the Residential Tenancies Act, 2006. This exemption, under section 5(i), applies as it was found the Tenant was required to share kitchen facilities with the previous owner, who also lived in the building. The Adjudicator found the Tenant's testimony to the contrary was not credible.